The Practice of International Commercial Arbitration: Beginning, Middle and End

OVERVIEW

The Practice of International Commercial Arbitration: Beginning Middle and End is a series of three Workshop programs designed to demonstrate and explain the typical beginning (Part I), middle (Part II) and end (Part III) stages of an international commercial arbitration.  Designed for both self-study and teaching purposes, each program combines demonstration scenes with expert commentaries and supplemental materials to illuminate the ordinarily private world of international arbitration. Watch the world’s leading arbitrators and arbitration counsel perform mock roles and then step out of their roles to share their expertise, experience and candid observations on the essential stages of the arbitral process.

Part I (commencing the arbitration), Part II (the merits hearing) and Part III (post-merits hearing) are presented in 3 Acts each.  Each of the 9 Acts has 2-4 mock scenes with expert commentary and supplemental materials, including a Study Guide prepared by Prof. Christopher Gibson, Suffolk University Law School.  The complete 3-Part Set contains over 13 hours of expert instruction, including 1.50 ethics hours, in 24 mock scenes with accompanying commentaries and materials.

You may purchase the complete 3-Part Set, or each Part individually, or each Act individually.  The 3-Part Set and Parts I, II and III are available for online viewing or on a USB drive.  The 9 individual Acts are available individually for online viewing only. To purchase the 3-Part Set or Parts I, II or II on USB, click the box to the right.

Special license for use by professors and their students:  These video programs are designed for both individual study and teaching purposes.  Law professors who purchase these video programs are authorized and indeed encouraged to use them in the classroom and also to share them with their students (only) for individual viewing without further charge.

The 3-Part Set includes 24 mock scenes in 3 Parts and 9 Acts, with expert commentaries, study guides and supporting materials:

Contents

Part I - Commencing an International Commercial Arbitration: Fundamentals and Strategy
(7 scenes in 3 Acts with expert commentary, study guide and supporting materials)

  • Act I: Drafting and Negotiating the Arbitration Clause (70:33)
  • Act II: Request for Arbitration, Response and Counterclaim, and Arbitrator Appointment Issues (78:23)
  • Act III: The Preliminary Hearing to Organize the Arbitration Procedure (93:33)

Part II – The Merits Hearing: Getting the Message to the Tribunal
(10 scenes in 3 Acts with expert commentary, study guide and supporting materials)

  • Act I: Assembling Your Case and Evidence (79:20)
  • Act II: The Merits Hearing: Presenting Your Case (93:07)
  • Act III: The Merits Hearing: Presenting Your Testimonial Evidence (78:28)

Part III – The Final Curtain: Post-hearing Submissions, Deliberations and Enforcement
(7 scenes in 3 Acts with expert commentary, study guide and supporting materials)

  • Act I: Post-Hearing Issues (88:59)
  • Act II: Deliberation: the Ugly, the Bad and the Good (76:20)
  • Act III: Reconsideration – Challenge – Enforcement (80:05)

Supporting Materials

  • Study Guides by Prof. Christopher Gibson, Suffolk University Law School
  • Program in Detail
  • Players and Commentators
  • Mock Scenario
  • Selected Bibliography
  • Other Related Materials

Purchase Price

Complete 3-Part Set (Online or USB):

  • $745 Regular Price
  • $625 ITA Members*
  • $495 Law Schools, Professors and Students

All ITA Members, all ITA Advisory Board representatives and all employees of ITA Sustaining and Supporting Members are eligible for member pricing.

Purchase the Complete 3-Part Set for Online Viewing

Purchase the Complete 3-Part Set on USB

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PART I OVERVIEW

Part I – Commencing an International Commercial Arbitration: Fundamentals and Strategy

Contents

(7 scenes in 3 Acts with expert commentary, study guide and supporting materials)

  • Act I: Drafting and Negotiating the Arbitration Clause (70:33)
    (2 mock scenes with expert commentary and supporting materials)
    • Introduction to Part I – Lucy Reed, ITA Chair

    • Introduction to Act I
    • Scene 1: What Should Be in the Dispute Resolution Clause?
    • Scene 2: Can We Get What We Want?: Negotiating the Dispute Resolution Clause
    • Discussion: Drafting and Negotiating the Dispute Resolution Clause
  • Act II: Request for Arbitration, Response and Counterclaim, and Arbitrator Appointment Issues (78:23)
    (2 mock scenes with expert commentary and supporting materials)
    • Scene 1: Putting the Show on the Road – Torgas Starts the Arbitration
    • Scene 2: Drill-BD Rises to Meet the Challenge
    • Discussion: How Important Are the Initial Findings? Reality v. Perceptions
  • Act III: The Preliminary Hearing to Organize the Arbitration Procedure (93:33)
    (3 mock scenes with expert commentary and supporting materials)
    • Scene 1: Torgas Prepares for the Preliminary Hearing
    • Scene 2: Drill-BD Prepares for the Preliminary Hearing
    • Scene 3: The Preliminary Hearing
    • Discussion: The Preliminary Hearing

Supporting Materials

  • Study Guide by Prof. Christopher Gibson, Suffolk University Law School
  • Program in Detail
  • Players and Commentators
  • Mock Scenario
  • Selected Bibliography
  • Other Related Materials

Purchase Price

Part I (Online or USB):

  • $295 Regular Price
  • $245 ITA Members*
  • $195 Law Schools, Professors and Students

* All ITA Members, all ITA Advisory Board representatives and all employees of ITA Sustaining and Supporting Members are eligible for member pricing.

Originally recorded at the 2010 ITA Workshops in Dallas and edited for production. © 2010 Institute for Transnational Arbitration. All rights reserved.

Purchase Part I for Online Viewing

Purchase Part I on USB

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Part I, Act I: Drafting and Negotiating the Arbitration Clause

Contents

  • Introduction to Part I and Act I – Prof. Christopher Gibson, Workshop Co-Chair
  • Scene 1: What Should Be in the Dispute Resolution Clause?
  • Scene 2: Can We Get What We Want?: Negotiating the Dispute Resolution Clause
  • Discussion: Drafting and Negotiating the Dispute Resolution Clause

Players and Commentators

  • Prof. Christopher Gibson
  • Philippe Pinsolle
  • Audley Sheppard
  • Abby Cohen Smutny
  • Thomas Sprange
  • Marc Veit
  • Eduardo Zuleta

Supporting Materials

  • Study Guide by Prof. Christopher Gibson, Suffolk University Law School
  • Program in Detail
  • Players and Commentators
  • Mock Scenario
  • Selected Bibliography
  • Other Related Materials

Purchase Price

  • Non-Members: $110
  • ITA Members: $85
  • Law Schools, Professors and Students: $65

* All ITA Members, all ITA Advisory Board representatives and all employees of ITA Sustaining and Supporting Members are eligible for member pricing.

CLE Credit

This session is approved by the State Bar of Texas for 1.0 hour, no ethics. Course ID Number: 901353070.

Originally recorded at the 2010 ITA Workshop in Dallas and then edited for production. © 2010 Institute for Transnational Arbitration. All rights reserved.

Watch Session Online

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Part I, Act II: Request for Arbitration, Response and Counterclaim, and Arbitrator Appointment Issues

Contents

  • Introduction to Act II – Klaus Reichert, Workshop Co-Chair
  • Scene 1: Putting the Show on the Road – Torgas Starts the Arbitration
  • Scene 2: Drill-BD Rises to Meet the Challenge
  • Discussion: How Important Are the Initial Findings?  Reality v. Perceptions

Players and Commentators

  • Arif Hyder Ali
  • David Brynmor Thomas
  • John Fellas
  • John L. Gardiner
  • Carla Powers Herron
  • Wendy J. Miles
  • Klaus Reichert

Supporting Materials

  • Study Guide by Prof. Christopher Gibson, Suffolk University Law School
  • Program in Detail
  • Players and Commentators
  • Mock Scenario
  • Selected Bibliography
  • Other Related Materials

Purchase Price

  • Non-Members: $110
  • ITA Members: $85
  • Law Schools, Professors and Students: $65

* All ITA Members, all ITA Advisory Board representatives and all employees of ITA Sustaining and Supporting Members are eligible for member pricing.

CLE Credit

This session is approved by the State Bar of Texas for 1.25 hours, no ethics. Course ID Number: 901353073.

Originally recorded at the 2010 ITA Workshop in Dallas and then edited for production. © 2010 Institute for Transnational Arbitration. All rights reserved.

Watch Session Online

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Part I, Act III: The Preliminary Hearing to Organize the Arbitration Procedure

Contents

  • Introduction to Act III – Jean E. Kalicki, Workshop Co-Chair
  • Scene 1: Torgas Prepares for the Preliminary Hearing
  • Scene 2: Drill-BD Prepares for the Preliminary Hearing
  • Scene 3: The Preliminary Hearing
  • Discussion: The Preliminary Hearing

Players & Commentators

  • Suzana M. Blades
  • Teresa Giovannini
  • Judith Gill
  • James M. Hosking
  • Jean E. Kalicki
  • Mark Kantor
  • Carlos Loperena
  • Ann Ryan Robertson

Supporting Materials

  • Study Guide by Prof. Christopher Gibson, Suffolk University Law School
  • Program in Detail
  • Players and Commentators
  • Mock Scenario
  • Selected Bibliography
  • Other Related Materials

Purchase Price

  • Non-Members: $110
  • ITA Members: $85
  • Law Schools, Professors and Students: $65

* All ITA Members, all ITA Advisory Board representatives and all employees of ITA Sustaining and Supporting Members are eligible for member pricing.

CLE Credit

This session is approved by the State Bar of Texas for 1.5 hours, no ethics. Course ID Number: 901353076.

Originally recorded at the 2010 ITA Workshop in Dallas and then edited for production. © 2010 Institute for Transnational Arbitration. All rights reserved.

Watch Session Online

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PART II OVERVIEW

Part II – The Merits Hearing: Getting the Message to the Tribunal

Contents

(10 scenes in 3 Acts with expert commentary, study guide and supporting materials)

  • Act I: Assembling Your Case and Evidence (79:20)
    (4 scenes with expert commentary and supporting materials)
    • Introduction to Part II – Lucy Reed, ITA Chair
    • Introduction to Act I
    • Scene 1: Document Production in International Arbitration: a Compromise of Civil and Common Law Approaches
    • Scene 2: Document Production in International Arbitration: Role of Professional Ethics
    • Scene 3: Witness Preparation in International Arbitration: a Compromise of Civil and Common Law Approaches
    • Scene 4: Witness Preparation in International Arbitration: Role of Professional Ethics
    • Discussion: Can Parties and Counsel Adopt a Compromise of Civil and Common Law Approaches without Compromising Their Own Legal Professional Ethics?
  • Act II: The Merits Hearing: Presenting Your Case (93:07)
    (3 scenes with expert commentary and supporting materials)
    • Scene 1: Prelude – Preliminary Issue on Non-Disclosure of Documents
    • Scene 2: The Tribunal Reacts: a Requirement for Compromise of Civil and Common Law Approaches and Sanctions for Ethical Breaches
    • Scene 3: The Evidential Hearing Commences: Opening Statements
    • Discussion: Efficiency and Effectiveness in Delivering the Message
  • Act III: The Merits Hearing: Presenting Your Testimonial Evidence (78:28)
    (3 scenes with expert commentary and supporting materials)
    • Scene 1: Testimonial Evidence: Examination-in-chief, Cross-examination and Re- examination
    • Scene 2: Procedural Antics – Demonstrating the Unpredictable Nature of Arbitration
    • Scene 3: Demonstration of Cross-examination and Re-examination of Tor-Gas Fact Witness
    • Discussion: Keeping It Fair and Just – Dealing with Testimonial Evidence and Lawyer Strategies in an International Arbitration Context
    • Panel Discussion: Perspectives from Corporate Counsel (on USB only)
    • Keynote Address: Advocacy in International Arbitration – Toby T. Landau, Essex Court Chambers, London (on USB only)

Supporting Documents

  • Study Guide by Prof. Christopher Gibson, Suffolk University Law School
  • Program in Detail
  • Players and Commentators
  • Mock Scenario
  • Selected Bibliography
  • Other Related Materials

PURCHASE PRICE

Part II (Online or USB)

  • $295 Regular Price
  • $245 ITA Members*
  • $195 Law Schools, Professors and Students

All ITA Members, all ITA Advisory Board representatives and all employees of ITA Sustaining and Supporting Members are eligible for member pricing.

Originally recorded at the 2011 ITA Workshops in Dallas and edited for production. © 2011 Institute for Transnational Arbitration. All rights reserved.

Purchase Part II for Online Viewing

Purchase Part II on USB

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Part II, Act I: Assembling Your Case and Evidence

Contents

  • Introduction to Part II and Act I – Prof. Guido S. Tawil, Workshop Co-Chair
  • Scene 1: Document Production in International Arbitration: a Compromise of Civil and Common Law Approaches
  • Scene 2: Document Production in International Arbitration: Role of Professional Ethics
  • Scene 3: Witness Preparation in International Arbitration: a Compromise of Civil and Common Law Approaches
  • Scene 4: Witness Preparation in International Arbitration: Role of Professional Ethics
  • Discussion: Can Parties and Counsel Adopt a Compromise of Civil and Common Law Approaches without Compromising Their Own Legal Professional Ethics?

Players & Commentators

  • José María Alonso
  • David Arias
  • Pierre Bienvenu
  • Wade Coriell
  • Luca G. Radicati Di Brozolo
  • John Gardiner
  • James Loftis
  • Sylvia Noury
  • Fernando Serec
  • Hilmar Raeschke-Kessler
  • Eduardo Silva Romero
  • Guido S. Tawil

Supporting Materials

  • Study Guide by Prof. Christopher Gibson, Suffolk University Law School
  • Program in Detail
  • Players and Commentators
  • Mock Scenario
  • Selected Bibliography
  • Other Related Materials

Purchase Price

  • Non-Members: $110
  • ITA Members: $85
  • Law Schools, Professors and Students: $65

* All ITA Members, all ITA Advisory Board representatives and all employees of ITA Sustaining and Supporting Members are eligible for member pricing.

CLE Credit

This session is approved by the State Bar of Texas for 1.25 hours, including 1.25 hour of ethics. Course ID Number: 901353078.

Originally recorded at the 2011 ITA Workshop in Dallas and then edited for production. © 2011 Institute for Transnational Arbitration. All rights reserved.

Watch Session Online

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Part II, Act II: The Merits Hearing: Presenting Your Case

Contents

  • Introduction to Act II – Wendy J. Miles, Workshop Co-Chair
  • Scene 1: Prelude – Preliminary Issue on Non-Disclosure of Documents
  • Scene 2: The Tribunal Reacts: a Requirement for Compromise of Civil and Common Law Approaches and Sanctions for Ethical Breaches
  • Scene 3: The Evidential Hearing Commences: Opening Statements
  • Discussion:  Efficiency and Effectiveness in Delivering the Message

Players & Commentators

  • John Fellas
  • Judith Gill
  • Teresa Giovannini
  • Mark Kantor
  • Eric Liebeler
  • Wendy J. Miles
  • Alexis Mourre
  • Philippe Pinsolle
  • Klaus Reichert
  • Jennifer Smith

Supporting Materials

  • Study Guide by Prof. Christopher Gibson, Suffolk University Law School
  • Program in Detail
  • Players and Commentators
  • Mock Scenario
  • Selected Bibliography
  • Other Related Materials

Purchase Price

  • Non-Members: $110
  • ITA Members: $85
  • Law Schools, Professors and Students: $65

* All ITA Members, all ITA Advisory Board representatives and all employees of ITA Sustaining and Supporting Members are eligible for member pricing.

CLE Credit

This session is approved by the State Bar of Texas for 1.5 hours, no ethics. Course ID Number: 901353081.

Originally recorded at the 2011 ITA Workshop in Dallas and then edited for production. © 2011 Institute for Transnational Arbitration. All rights reserved.

Watch Session Online

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Part II, Act III: The Merits Hearing: Presenting Your Testimonial Evidence

Contents

  • Introduction to Act III – Michael S. Goldberg, Workshop Co-Chair
  • Scene 1: Testimonial Evidence: Examination-in-chief, Cross-examination and Re-examination
  • Scene 2: Procedural Antics – Demonstrating the Unpredictable Nature of Arbitration
  • Scene 3: Demonstration of Cross-examination and Re-examination of Tor-Gas Fact Witness
  • Discussion: Keeping It Fair and Just – Dealing with Testimonial Evidence and Lawyer Strategies in an International Arbitration Context

Players & Commentators

  • David Brynmor Thomas
  • Judith Gill
  • Teresa Giovannini
  • Michael S. Goldberg
  • Mark Kantor
  • Ronnie King
  • Mike Lennon
  • James Loftis
  • Carole Malinvaud
  • Alexis Mourre
  • E.Y. Park
  • Hilmar Raeschke-Kessler
  • Klaus Reichert

Supporting Materials

  • Study Guide by Prof. Christopher Gibson, Suffolk University Law School
  • Program in Detail
  • Players and Commentators
  • Mock Scenario
  • Selected Bibliography
  • Other Related Materials

Purchase Price

  • Non-Members: $110
  • ITA Members: $85
  • Law Schools, Professors and Students: $65

* All ITA Members, all ITA Advisory Board representatives and all employees of ITA Sustaining and Supporting Members are eligible for member pricing.

CLE Credit

This session is approved by the State Bar of Texas for 1.25 hours, no ethics. Course ID Number: 901353084.

Originally recorded at the 2011 ITA Workshop in Dallas and then edited for production. © 2011 Institute for Transnational Arbitration. All rights reserved.

Watch Session Online

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PART III OVERVIEW

Part III – The Final Curtain: Post-hearing Submissions, Deliberations and Enforcement

Contents

(7 scenes in 3 Acts with expert commentary, study guide and supporting materials)

  • Act I: Post-Hearing Issues (88:59)
    (2 scenes with expert commentary and supporting materials)
    • Introduction to Part III – Lucy Reed, ITA Chair
    • Introduction to Act I
    • Scene 1: Closing and Costs Submissions
    • Scene 2: Reaching a Deal or Waiting For the Award, Late Settlement Issues
    • Discussion: Navigating Tricky Evidentiary Issues While Maintaining Party Equality
  • Act II: Deliberation: the Ugly, the Bad and the Good (76:20)
    (3 scenes with expert commentary and supporting materials)
    • Introduction to Act II
    • Scene 1: The Ugly
    • Scene 2: The Bad
    • Scene 3: The Good
    • Discussion: Is Arbitration Like Great Restaurants: Better Not See What Happens in the Kitchen?
  • Act III: Reconsideration – Challenge – Enforcement (80:05)
    (2 scenes with expert commentary and supporting materials)
    • Introduction to Act III
    • Scene 1: Debriefing
    • Scene 2: Local Enforcement Challenges
    • Discussion: Is the Award Just the Beginning? Strategizing For Post-Arbitral Proceedings
    • Panel Discussion: Corporate Counsel and Arbitrator Perspectives (on USB only)
    • Address: Arbitral Decision-making and Justification – R. Doak Bishop, King & Spalding LLP, Houston (on USB only)

SUPPORTING MATERIALS

  • Study Guide by Prof. Christopher Gibson, Suffolk University Law School
  • Program in Detail
  • Players and Commentators
  • Mock Scenario
  • Selected Bibliography
  • Other Related Materials

PURCHASE PRICE

Part III (Online or USB):

  • $295 Regular Price
  • $245 ITA Members*
  • $195 Law Schools, Professors and Students

All ITA Members, all ITA Advisory Board representatives and all employees of ITA Sustaining and Supporting Members are eligible for member pricing.

Originally recorded at the 2012 ITA Workshops in Dallas and edited for production. © 2012 Institute for Transnational Arbitration. All rights reserved.

Purchase Part III for Online Viewing

Purchase Part III on USB

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Part III, Act I: Post-Hearing Issues

Contents

  • Introduction to Part III and Act I – Jennifer M. Smith, Workshop Co-Chair
  • Scene 1: Closing and Costs Submissions
  • Scene 2: Reaching a Deal or Waiting For the Award, Late Settlement Issues
  • Discussion: Navigating Tricky Evidentiary Issues While Maintaining Party Equality

Players & Commentators

  • Richard D. Deutsch
  • Lucy Greenwood
  • Elle Kleiman
  • William H. Knull
  • James Loftis
  • Jennifer M. Smith
  • Jonathan Sutcliffe

Supporting Materials

  • Study Guide by Prof. Christopher Gibson, Suffolk University Law School
  • Program in Detail
  • Players and Commentators
  • Mock Scenario
  • Selected Bibliography
  • Other Related Materials

Purchase Price

  • Non-Members: $110
  • ITA Members: $85
  • Law Schools, Professors and Students: $65

* All ITA Members, all ITA Advisory Board representatives and all employees of ITA Sustaining and Supporting Members are eligible for member pricing.

CLE Credit

This session is approved by the State Bar of Texas for 1.5 hours, no ethics. Course ID Number: 901353088.

Originally recorded at the 2012 ITA Workshop in Dallas and then edited for production. © 2012 Institute for Transnational Arbitration. All rights reserved.

Watch Session Online

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Part III, Act II: Deliberation: The Ugly, The Bad and The Good

Contents

  • Introduction to Act II – Philippe Pinsolle, Workshop Co-Chair
  • Scene 1: The Ugly
  • Scene 2: The Bad
  • Scene 3: The Good
  • Discussion: Is Arbitration Like Great Restaurants: Better Not See What Happens in the Kitchen?

Players & Commentators

  • Mark Kantor
  • Wendy J. Miles
  • Philippe Pinsolle
  • Jennifer Price
  • Lucy F. Reed
  • Klaus Reichert
  • Teresa Giovannani

Supporting Materials

  • Study Guide by Prof. Christopher Gibson, Suffolk University Law School
  • Program in Detail
  • Players and Commentators
  • Mock Scenario
  • Selected Bibliography
  • Other Related Materials

Purchase Price

  • Non-Members: $110
  • ITA Members: $85
  • Law Schools, Professors and Students: $65

* All ITA Members, all ITA Advisory Board representatives and all employees of ITA Sustaining and Supporting Members are eligible for member pricing.

CLE Credit

This session is approved by the State Bar of Texas for 1.25 hours, no ethics. Course ID Number: 901353089.

Originally recorded at the 2012 ITA Workshop in Dallas and then edited for production. © 2012 Institute for Transnational Arbitration. All rights reserved.

Watch Session Online

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Part III, Act III: Reconsideration - Challenge - Enforcement

Contents

  • Introduction to Act III – Prof. Tai-Heng Cheng, Workshop Co-Chair
  • Scene 1: Debriefing
  • Scene 2: Local Enforcement Challenges
  • Discussion: Is the Award Just the Beginning?  Strategizing For Post-Arbitral Proceedings

Players & Commentators

  • Catherine Amirfar
  • Julie Bédard
  • Prof. Tai-Heng Cheng
  • Barry Leon
  • Giovanna Micheli
  • Joesph Neuhaus
  • Julia Peck
  • Dietmar Prager
  • Jennifer Thornton

Supporting Materials

  • Study Guide by Prof. Christopher Gibson, Suffolk University Law School
  • Program in Detail
  • Players and Commentators
  • Mock Scenario
  • Selected Bibliography
  • Other Related Materials

Purchase Price

  • Non-Members: $110
  • ITA Members: $85
  • Law Schools, Professors and Students: $65

* All ITA Members, all ITA Advisory Board representatives and all employees of ITA Sustaining and Supporting Members are eligible for member pricing.

CLE Credit

This session is approved by the State Bar of Texas for 1.25 hours, no ethics. Course ID Number: 901353092.

Originally recorded at the 2012 ITA Workshop in Dallas and then edited for production. © 2012 Institute for Transnational Arbitration. All rights reserved.

Watch Session Online

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